Gallegos v. Nash, San Francisco

Defendant Nash, San Francisco, a corporation, 1 appeals from an order granting a new trial after verdict in its favor.

Question Presented

Was the new trial improperly granted, being based upon the trial court’s assumption that it erred in giving an instruction on the doctrine of assumption of risk? The application of the doctrine depends upon whether there was evidence of one or more of the following matters: (a) violation of section 660, Vehicle Code; (b) knowledge by plaintiffs of the hazard; (e) assurance by defendant of condition of brakes.

Eecord

The theory of the complaint was that the…